Sexual Offences Legislation

Debate between Lord Keen of Elie and Lord Hayward

Tuesday 22nd May 2018 Lords Chamber

[Lord Keen of Elie]

I am not sure that I would necessarily draw a strict distinction between those two terms, but clearly no charge will made unless the police have an element of evidence. Where a case is not proceeded with by way of prosecution, that may be because of an absence of a sufficiency of evidence.

[Lord Hayward (Con)]

Further to the answer that I understood my noble and learned friend to give earlier on, will he recognise that many people who have faced such accusations have spent many hundreds of thousands of pounds dealing with lawyers and seeking representation to clear their name before any decision is taken about no further action? To suggest that they should then pursue redress implies that they have the resources to pursue that claim. For many of them, that is just not financially practicable.

[Lord Keen of Elie]

My Lords, I entirely agree with the observations of my noble friend: it may well be that some of those who are charged and indeed prosecuted and found not guilty of an offence do not have the means to take civil action in order to vindicate a complaint about the way in which they were treated.